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Henderson & Lee Law Corporation

Henderson & Lee Law Corporation

Burnaby, Canada

Founded in 2011
10 people in their team
About UsHenderson and Lee Law Corporation, established in 2011 by Daniel Henderson and Cameron Lee, has a distinguished history of legal expertise,...
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About Family Law in Burnaby, Canada

Family Law in Burnaby, Canada operates under the broader umbrella of British Columbia (BC) Family Law, guided by the Family Law Act of BC. This law covers areas such as divorce, child custody and access, child and spousal support, property division, and family violence protection. The law is driven by principles of fairness, respect for children's interests, and conflict reduction.

Why You May Need a Lawyer

Seeking the advice of a lawyer can be tremendously beneficial in certain situations where legal complexities arise. Common instances may include filing for divorce or separation, resolving child custody and support issues, dealing with spousal maintenance, or managing division of family assets and debts. Lawyers can provide expert advice, professional assistance for court procedures and legal documentation, and represent your interests in negotiations or court proceedings.

Local Laws Overview

The Family Law Act of BC is the key legal framework for Family Law in Burnaby. The law places high priority on the safety and best interest of the child in cases of custody and access. Division of property respects the equal contributions of both parties and includes both assets and debts. Spousal support recognizes financial implications of separation and aids in equalizing the financial effect. Protection orders can be leveraged in cases of family violence, providing timely assistance to affected family members.

Frequently Asked Questions

1. How is child custody determined in Burnaby?

The best interest of the child is the paramount consideration in determining child custody decisions. Factors such as the child's health and emotional well-being, the child's views, the nature of relationships with parents and siblings, and the ability of the responsible person to care for the child are closely considered.

2. What does the process of a divorce look like in Burnaby?

Divorce typically involves filing a Notice of Family Claim to which a response must be filed within 30 days. A lawyer can guide you through the process which can involve numerous steps such as financial disclosures, child custody negotiations, and possibly court hearings.

3. Can I represent myself in family court?

Yes, representing yourself in family court is possible but not always advisable given the potentially complex legal procedures and laws. Consulting with a lawyer can provide valuable insights and guidance.

4. What is considered family violence under Family Law?

Family violence includes physical abuse, sexual abuse, attempts to physically or sexually abuse, psychological or emotional abuse, including intimidation, harassment, coercion, threats, and denial of financial support or necessities.

5. How is property divided in a divorce?

Generally, family property (assets and debts) accumulated during the relationship is shared equally, unless it is deemed significantly unfair by the courts.

6. Can grandparents apply for access rights to their grandchildren?

Yes, grandparents can apply for contact with a child if it is in the best interests of the child.

7. How long does spousal support last?

The duration of spousal support varies and depends on factors like the length of the relationship, the roles during the relationship, and the financial effects of the separation.

8. Does a prenuptial agreement affect the division of property?

Yes, a valid and enforceable prenuptial agreement can significantly impact how property is divided upon separation.

9. Is mediation recommended in family law situations?

Mediation can be a cost-effective, private, and less adversarial way to resolve family disputes and is generally recommended when possible.

10. Do I need a lawyer for an uncontested divorce?

While not required, having a lawyer review your agreement can ensure your rights are protected and the agreement complies with the law.

Additional Resources

The Family Law in British Columbia website by Legal Aid BC, and the BC Family Maintenance Enforcement Program are beneficial resources. Family Justice Centres in British Columbia, and the Burnaby Family Life organization, can also provide support and resources.

Next Steps

If you require legal assistance in a Family matter, consider seeking advice from a lawyer specializing in Family law. They can provide specific guidance tailored to your situation, help you understand your rights and responsibilities, and represent you in court proceedings or negotiations if necessary. Most importantly, a lawyer can advocate on your behalf and help protect your interests.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.